Henry Carus + Associates | Injury Lawyers

Superannuation Claims

Suffered A Personal Injury? Our Knowledge Of Total And Permanent Disability (TPD) Insurance Will Ensure We Get For You Your Well-deserved Insurance Funds.

Whether through an accident, or as a consequence of a serious health issue, many people who become unable to work are entitled to assistance from the insurance that’s provided under their Superannuation Fund.


The assistance is usually part of the Total and Permanent Disability Insurance Policy acquired at the time the fund account was opened. The value of the policy may be much greater than the value of the fund itself.

Access to the insurance fund is based on whether you meet the definition of a ‘total and permanent disability’ based on the available medical evidence. If you meet this definition, we can then gain access to this insurance for you. If there’s no win, there’s no fee to pay. Our first goal is to make sure we win your compensation case for you.

Why Choose Henry Carus + Associates?


Where we differ from our competitors is the 30+ years experience we have in insurance law and the relevant obligations imposed on the TPD insurance company. This basically relies on insurance concepts of good faith, between the insurance company and the person covered.

Our approach usually includes the following:


We ascertain how the term Total and Permanent Disability is defined in your insurance policy.


We gather supporting medical evidence to show you (the client) meet that definition.


We submit the evidence and seek payment of the TPD fund account.


If the TPD insurer does not accept the claim, we litigate the matter to a successful outcome.

What Type Of Claim Could You Qualify For?

Depending on your situation, there are several types of insurance programs that you may qualify for if you are unable to work due to an injury or illness.

Most superannuation funds provide benefits for Total and Permanent Disability (TPD), and you may also have coverage for TPD through private life insurance cover. If you have suffered an injury or illness that prevents you from working and you have been out of work for three months or more, you may be able to receive a lump sum payment for TPD. It is not necessary to show that your disability was caused by someone else’s fault.


If you are unable to work for a certain limited period after your injury or illness, you may receive Temporary Salary Continuance TSC or Total and Temporary Disability TTD payments. TSC or TTD typically pay monthly benefits while you are unable to work.

You may be able to receive these benefits in addition to payments from WorkCover, though an offset may apply. In many cases, TSC or TTD benefits continue even after WorkCover payments have reached their limit.


In situations that result in the death of a worker, the surviving spouse, partner, children or other nominated person may be entitled to a death benefit payment under life insurance.

How Superannuation Claims Work In Victoria

It’s no secret that superannuation claims can be confusing. Many people have contributed to several super funds over the course of their career as they changed jobs and employers. They may not be sure what’s available from where.


That’s where Henry Carus + Associates come in. We can thoroughly research and analyse all your super accounts and determine all the potential sources of cover. Once we have an understanding of the cover available, we can fully prepare and lodge proper claims on your behalf.

If your claim is rejected at first, we will be ready to litigate the matter and work for you to secure the money you deserve.

Disputes over payouts from a super may be appealed to the Superannuation Complaints Tribunal.

At Henry Carus + Associates, we are prepared to go the distance to ensure that you get the full compensation you are entitled to under all available superannuation schemes. The experienced lawyers at Henry Carus + Associates are ready to answer all of your questions about your superannuation claim during a free consultation.

Frequently Asked Questions About Superannuation Claims

You may have questions such as: 

Although every situation is different, the sooner you get started on your claim, the better. Lodging your claim starts the process and moves you closer to securing the payments you need. If your claim is rejected, you typically have six years from the date of rejection to bring a lawsuit. Appeals to the Superannuation Complaints Tribunal typically carry a two-year deadline. It costs nothing to discuss your potential superannuation claim with Henry Carus + Associates, so why put it off any longer?

There are many factors that could affect the amount of time from when you lodge your claim to when you receive your benefits. Some cases could take a year to two years, and perhaps longer if an appeal is necessary. Some claims are approved much more quickly. The best way to shorten your wait is to get started now with help from an experienced superannuation claim lawyer like the ones at Henry Carus + Associates.

The answer to this question depends on the type of claim you have, the type of cover you have and, in certain instances, the amount of your salary. TPD claims usually provided a lump sum payment that is not based on your salary. TSC and TTD payments are based on a percentage of your salary – typically 75 percent – and could be affected by any benefits you are receiving from WorkCover. They are also subject to income tax in most cases. At Henry Carus + Associates, we believe you deserve more. Our goal is to make sure our clients get the maximum benefits they deserve.

Henry Carus + Associates don’t want money to be an obstacle to your claim. That’s why we operate on a No Win, No Fee basis. That means you don’t pay us any legal fees upfront. In fact, you don’t owe us anything for legal fees unless – and until – we are successful at recovering compensation on your behalf. It costs you nothing to discuss your claim with our lawyers. As we strive to achieve the best result for our clients, we aim to be informative, collaborative and trustworthy. Are you ready to experience the Henry Carus + Associates difference? Contact us now for a free claim review, consultation and advice about your legal options.